H-1913.1  _______________________________________________

                          HOUSE BILL 2213

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Haigh, Lovick and Fisher

Read first time 02/19/1999.  Referred to Committee on Transportation.

Clarifying criteria for granting motor carrier permits.

    AN ACT Relating to criteria for granting motor carrier permits; and amending RCW 81.80.070.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 81.80.070 and 1963 c 242 s 1 are each amended to read as follows:

    No "common carrier," "contract carrier," or "temporary carrier" shall operate for the transportation of property for compensation in this state without first obtaining from the commission a permit so to do.  ((Permits heretofore issued or hereafter issued to any carrier, shall be exercised by said carrier to the fullest extent so as to render reasonable service to the public.  Applications for common or contract carrier permits or extensions thereof shall be on file for a period of at least thirty days prior to the granting thereof unless the commission finds that special conditions require the earlier granting thereof.))

The commission shall issue a permit ((or extension thereof shall be issued)) to any qualified applicant ((therefor, authorizing the whole or any part of the operations covered by the application,)) if it is found that the applicant is fit, willing, and able ((properly)) to perform properly the proposed services ((proposed)) and conform to ((the provisions of)) this chapter and the ((requirements,)) rules ((and regulations)) of the commission ((thereunder, and that)).  In the case of common carriers of household goods, as defined by rule of the commission, such operations ((will)) must be consistent with the public interest((, and, in the case of common carriers, that the same are or will be required by the present or future public convenience and necessity, otherwise such application shall be denied)).

    Nothing contained in this chapter shall be construed to confer upon any person or persons the exclusive right or privilege of transporting property for compensation over the public highways of the state.

For the purposes of this section, fit, willing, and able to provide a transportation service in the public interest is based on an applicant's financial fitness, financial responsibility, regulatory fitness, willingness, and ability to provide the public with safe, secure, reliable, and competitive transportation service.

The commission may determine if an applicant is fit, willing, and able to provide a transportation service in the public interest through a course of personal background checks, on-site inspections, written examinations, and provisional operations through which the applicant may be required to demonstrate sufficient ability to conform with this chapter and the rules of the commission.

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